NEW INDIA ASSURANCE CO LTD Vs. PUNJAB GOVERNMENT

JUDGEMENT

(1.) THIS judgment will dispose of F. A. O. No. 132 of 1987 filed by the New India Assurance Co. Ltd. , and Cross-Objection No. 1 C11 of 1988 filed by Pritam Bus Service, respondent No. 3, and Surinder Singh, respondent No. 4.

(2.) THE New India Assurance Co. Ltd. (hereinafter referred to as "the appellant") has challenged the award of the Motor Accidents Claims Tribunal only to the extent to which it has been held liable to pay the amount of compensation. In cross-objection, respondents Nos. 3 and 4 pleaded that it was a case of composite negligence and not contributory negligence and the liability of all the respondents ought to have been joint and several.

(3.) IN order to appreciate the submissions raised by learned counsel for the appellant, it is necessary to submit a few facts stated in the pleadings : THE FACTS :